In the beginning was the word
Today we can safely say that any citizen may, on absolutely legal grounds to declare bankruptcy, and all because of 1 October 2015 is legally regulated procedure of bankruptcy of physical entities.
In fact, a special law regulating the bankruptcy of individuals, was not accepted – is it just the head X in the already existing Federal law from 26.10.2002 N 127-FZ "On insolvency (bankruptcy)" that defines the characteristics, conditions, procedures, manner and consequences of bankruptcy of the citizen.
It should be understood that the effect of these innovations apply only to individuals who have Russian citizenship, and, therefore, may not be applicable in relation to foreign nationals and stateless persons.
Due to the fact that a new Chapter in the bankruptcy law is relatively recent, and many nuances nor judicial practice nor the enforcement proceedings is not yet resolved then to create a practical application of the law on bankruptcy of individuals will try to imagine ourselves.
Although this is a new legal phenomenon, nothing new in the procedures preceding and accompanying the failure of individuals does not contain.
Having rich experience of working with debtors and creditors in the bankruptcy procedure, a legal company Sparta Consulting can efficiently and competently to approach to any issue associated with personal bankruptcy.
It is absolutely not important who applies for such assistance: the debtor with which to pay the debt or the creditor is trying to return to belong to him by right means.
If the friend has appeared suddenly
So You understand that neither the ability nor the desire to pay voluntary debts You are not available, then under the new rules, You can declare bankruptcy, this absolutely does not matter whether you are ready to actually pay off the debt or doing it simply out of a desire to leave his creditors with nothing, ie in fact to abuse their right.
Before you paint all the nuances of this time-consuming and certainly expensive process, it should be pointed out that bankruptcy is a serious step and we recommend to treat it with great responsibility.
To declare themselves bankrupt individuals whose debts exceed 500 thousand rubles, and payments delayed for more than three months. To go to court it is necessary not later than 30 working days from the time when the "physicist" had learned or had to learn about their accumulated debt (clause 1, article 213.4 of the Federal law dated 26.10.02 No. 127-FZ).
According to the legislation of the Russian Federation individual entrepreneurship refers to the physical person and not to legal education, so FE also fits the new insolvency act.
Bankruptcy can initiate and creditors. For example, counterparties to contracts, the Bank, tax inspection, other creditors etc.
Is the game worth the candle
A few words need to say about the adequacy of initiation of procedure of bankruptcy in case of small debts to creditors, as the procedure itself, even without the payment of lawyers ' work, not exactly cheap, and in addition to the state fee and other expenses, requires the involvement of financial managers, who work not free of charge.
For example, the costs for bankruptcy of a natural person consist of: costs of applying to court (legal costs), costs of financial Manager (10K+ a percentage of sales of property), other costs (fee for the publication of information about bankruptcy, the amount to be paid to witnesses, experts, specialists).
That is, in the case of, for example, the sale of the property for a total amount of 2 million rubles, the cost of arbitration Manager (only for interest) will amount to 40 thousand rubles. In addition, the liquidator shall be indemnified in full the costs actually incurred in the performance of his duties in the bankruptcy case. The exact amount is not set by law, but in practice it can be up to 70 000 and more, depending on the specific circumstances of the case.
You also need to consider that when considering the case on bankruptcy can be challenged, and to admit invalid by a court of suspicious transactions made by a debtor within one year prior to the receipt of an application for bankruptcy or after the adoption of this statement.
For example, if the value of the deal and (or) other terms are significantly worse for the debtor side differ from market prices.
It is also worth considering that, not having the appropriate experience and training in this case can not do without qualified legal counsel who can represent Your interests in court and when dealing with creditors and financial Manager.
For example, the cost of services Sparta Consulting will vary from 100 000 rubles. and more (depending on amount and texture of the case).
According to current practice, the procedure is used mostly for very large amounts of debt, and incidentally, not always in order to satisfy the claims of creditors, but rather to them just not meet.
For this reason, we do not recommend our clients to resort to private bankruptcy for a small amount of debt.
Afterword
Due to the fact that Chapter X of the bankruptcy Act rather in detail regulated the requirements to the documents submitted in bankruptcy, and also thoroughly described all the components of this process in this article makes no sense once again to duplicate the regulations and it is better to stop what comes out in the end....
The main benefit of bankruptcy is the leveling of all debts.
After the property will be sold, and the borrower will have nothing more to take, the remaining balance of the liability simply will be written off.
At the same time, the impact was quite sensitive:
within 3 years a bankrupt may not hold leadership positions, to open IE or is among the founders of the JSC or LLC;
– during the same time he can take no credit;
– within 5 years may not re-declare bankruptcy;
– during the entire procedure, it restricted to travel abroad (duration of bankruptcy is usually delayed for at least six months);
– all activities related to Finance (opening of deposits, purchase of securities, etc.) over the next year will have to agree with the Manager.
To say that is beneficial to the debtor uniquely difficult. Matters the amount of debt, the presence / absence of property and other aspects.
And yet, if You do decide to go bankrupt, remember that Your best ally in this difficult task will be a qualified legal Advisor who will help not only with the dignity to get out of this situation, but will significantly reduce the time this is not the most pleasant procedure, thereby speeding up the cherished purpose for which it all began.